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28 Marq. Sports L. Rev. 37 (2017-2018)
Legal and Ethical Implications of Athletes' Biometric Data Collection in Professional Sport

handle is hein.journals/mqslr28 and id is 51 raw text is: LEGAL AND ETHICAL IMPLICATIONS OF ATHLETES' BIOMETRIC DATA COLLECTION IN PROFESSIONAL SPORT BARBARA OSBORNE* I. INTRODUCTION Big data has existed in some form for decades, but it has finally arrived in the public's consciousness in a proportionately big way. This new awareness of big data is partially attributed to an exponential increase in the volume of data collection, and partially to the nature of how it is stored and accessed-primarily on cloud servers, in addition to or as a substitute for traditional servers. This awareness is also precipitated by a recent series of high profile data breaches. In some cases, the breaches compromised personal information of millions of consumers, email subscribers, and patients;' in others, national security.2 Athletes' biometric data (ABD) comprises a valuable subcategory of big data. The use of biometric data in the sports industry is not new. Historically, teams have collected and used a wide variety of biometric and biomechanical measurements, including vertical jump, pitch speed, reaction time, heart rate, body composition, and self-reported wellness information.' Under a general * Barbara Osborne is a Professor with a joint appointment in Exercise and Sport Science and the School of Law at the University of North Carolina at Chapel Hill. She advises the Sport and Entertainment Law Student Association and directs the graduate program in Sport Administration, which was the first in the U.S. to focus solely on college sport. Osborne has been honored with two university teaching awards. Her current academic research focuses on legal issues in intercollegiate athletics, gender equity, and medical issues in sport. She has earned degrees in Communications (University of Wisconsin-Parkside), Sport Management (Boston University) and Law (Boston College Law School). 1. Margaret Cronin Fisk, Yahoo Failed to Protect Consumers from Hacking, Lawsuit Says, BLOOMBERG, Dec. 15, 2016, https://www.bloomberg.com/news/articles/2016-12-15/yahoo-failed-to- protect-consumers-from-hacking-lawsuit-says. 2. Katie Bo Williams, FBI, DHS Release Report on Russia Hacking, THE HILL, Dec. 29, 2016, http://thehill.com/policy/national-security/312132-fbi-dhs-release-report-on-russia-hacking. 3. Biometric data ranges from heart rate variability and weight to acceleration/deceleration measurements to physiological indicators like chemicals found in sweat. Katrina Karkazis & Jennifer R. Fishman, Tracking U.S. Professional Athletes: The Ethics of Biometric Technologies, 17 AM. J. BIOETHIcs 45, 46 (2017). 4. See id at 45.

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